Cardinal Bernard Law, head of Boston's Roman Catholic archdiocese, has announced a national policy on pedophile priests may have to wait until at least June. Meanwhile, the Cardinal is coming under new criticism for a legal defense alleging that plaintiffs in a lawsuit against him were partly responsible for an allegedly abusive relationship between the Rev. Paul Shanley and a boy. The alleged abuse began in 1983, when the boy was 6. Talk to Carmen Durso, plaintiff's attorney for 25 alleged Catholic Clergy sex abuse victims, about the latest news on court actions against the Church.

Louisville, KY:
I am a law student and I am aware that most, if not all states have statutes making it a crime not to report suspected child abuse. Have any priests been arrested for failure to report? If not, why haven't they? Also, will there be any statutory negligence claims sought against these non-reporters individually?

Carmen Durso:
I don't know of any priests who have specifically had that situation arise. In Massachusetts, we have not had a requirement that clergy report until probably sometime later today, when the governor is expected to sign a law requiring clergy to report. There's a complicated First Amendment issue with respect to clergy reporting, because there is a fear it will interfere with religious practices, and it's common to let clergy have an exception for reports of abuse they receive in the confessional or in something similar. Recently, I had a client send me a letter which had been sent by a priest who had abused the client, and the priest wrote at the top of the letter "This is sent to you under the seal of confession". An obvious attempt by the priest to misuse this particular power. We have to be careful about on the one hand having respect for proper religious practice, and on the other hand making sure it's not abused.

As to the negligence issue, sure they should be sued. Just today I had a call from a mother who had become aware that her child had been sexually abused. She went to the police, who told her that the Church had immunity, whatever that's supposed to mean. She also dealt with a psychologist who never made the proper report to state agencies. This is clear negligence on the part of the therapist, as it would be negligence on the part of a priest in similar circumstances.Melbourne, Florida:
Why is the Church more interested in saving the "institution" rather than their members children?

Carmen Durso:
When you say "the Church", you're talking about the hierarchy of the Church. There are really two different types of priests: Those who have become priests to minister to individuals, and those who are interested in advancing their careers. That second group tend to rise through the ranks to become Cardinals, Bishops, etc. Those people don't get into those positions unless they are willing to express more concern for the interest of that institution than for the individual. In that respect, they're really no different from mid- to upper-level managers of any business institution.Dayton, Ohio:
Please tell me why Cardinal Law has not been prosecuted as an accomplice to these abuses.
Thank you...

Carmen Durso:
Massachusetts law does not offer a clear standard for prosecuting a person in Cardinal Law's situation. While it might be possible for a prosecutor to attempt to structure a claim, perhaps along the lines of conspiracy, it's not likely the claim would be successful. The reason for that is that Cardinal Law would be able to point to specific advice he sought and received from other people, which he would say guided him to the belief that the pedophile priests could be rehabilitated. It would be more harmful to prosecute Cardinal Law and have his case dismissed or have him acquitted, because it would afford those people who are critics of the victims an opportunity to say that this is just about persecuting the Catholic Church.Mitchellville, Maryland:
On what grounds does Cardinal Law allege that a child, age 6, or any age up to 18, could be partially responsible for a sexually abusive relationship.

Carmen Durso:
I don't think that that was ever seriously alleged. The attorneys undoubtedly inserted that defense only as a reflex action, which means they have these defenses on the computer and automatically add them to lawsuits. But the law is clear that a six year old could not have contributed to his own abuse in any way.fallston, maryland:
All the talk seems to be about young boys. Have young females been abused by the priests, also? Also..has there been any allegations against nuns sexually abusing their male/female students?

Carmen Durso:
I'm starting to hear some stories about nuns, but no one has come forward with a claim as of this time. Interestingly, I have claims by women who have been abused, and one of the young girls who came forward went to the nuns and her first grade teacher. One of the other teachers lifted her off the ground, shook her, and said "don't you dare say anything about Father So-And-So like that again". Another interesting thing is that in my experience, girls seem to be more likely to say something about their abuse at the time it happens than boys. But they also seem to be less likely to be believed. It seems a common response to the girls is to say they're making it up or fantasizing. Little girls, who are sharper to pick up cues than little boys, very quickly understand that means they'd better keep their mouth shut.Broomfield Colorado:
It is rumoured that Cardinal Law could be a flight risk, because the LAST thing that the Vatican needs is having Cardinal Law deposed over his role in the sex abuse cases. Do you know if legal steps have been take to take away his passport?

Carmen Durso:
An attorney is in court today seeking a restraining order to prevent Cardinal Law from leaving Massachusetts. I don't think that his presence or absence is all that terribly important, however. If Cardinal Law doesn't appear for a deposition, the court has the authority to sanction him. Usually the first time you don't appear, the sanction is some sort of monetary punishment. But after that if you don't appear the court will usually default you, and what that means is that liability against Cardinal Law would be established without the necessity of any testimony. The only remaining step in the case would be to determine the amount of money awarded the plaintiffs in the case. It's actually in Cardinal Law's interest to stay and give his depostion if they intend to defend the case and send it to trial.